Malti vs Dharam Raj Singh - 2023 Supreme(All) 2319

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2319

K. J. THAKER
Malti – Appellant
Versus
Dharam Raj Singh – Respondent

Advocates appeared:
For the Appellant : Piyush Misra, Vineet Kumar Singh.

Table of Content
1. appeal against compensation awarded for a road accident. (Para 1 , 3)
2. negligence in the accident not in dispute. (Para 5)
3. arguments on income assessment and damages. (Para 6 , 8 , 9)
4. defense on income claims from the insurance company. (Para 7)
5. computation of total compensation based on established principles. (Para 10)
6. rate of interest on enhanced compensation. (Para 11)
7. modification of tribunal's decree. (Para 12)
8. procedural directions for payment and interest allocation. (Para 13 , 14 , 15 , 16)

JUDGMENT

Dr. Kaushal Jayendra Thaker, J.

By way of this appeal, the appellants have challenged the judgment and decree dated 20.1.1997 and 11.2.1997 passed by Motor Accident Claims Tribunal / 1st Additional District Judge, Mau (hereinafter referred to as 'Tribunal') in M.A.C.P. No.33 of 1992 (Malti and others v. Dharam Raj Singh and another) awarding sum of Rs.86,400/- as compensation to the claimants/appellants with interest at the rate of 9% per annum from the date of filing the claim petition till the amount is deposited.

2. Heard Mr.Vineet Kumar Singh, learned counsel for the appellants and Shri Anubhav Sinha, learned counsel for the Insurance Company.